DOCSLIB.ORG

Graham Maciver Tel 0781 33 22 559

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Graham Maciver Tel 0781 33 22 559 Ampersand Advocates web ampersandadvocates.com Advocates’ Library phone +44 (0)131 260 5674 Parliament House fax +44 (0)131 225 3642 Edinburgh, EH1 1RF email [email protected] Graham Maciver tel 0781 33 22 559 Advocate Year Of Call: 2007 Practice Areas Practice Profile Administrative & Public Law Graham works primarily throughout the fields of public and Civil Liberties, Human Rights and EU Law administrative law, including principally judicial review, human Crime and Regulatory Law rights and immigration law. Graham’s other areas of practice International Law include commercial and regulatory law (directors disqualification Public Inquiries, FAI’s and Tribunals and tax), personal injury and international law. Tax Court and Tribunal Experience Graham appears in courts throughout Scotland, and occasionally elsewhere, at Court of Session, Sheriff Court and Tribunal levels. Qualifications/Education University of Strathclyde, 1994-98; LLB (Euro) (Hons) 2:1 Glasgow Graduate School of Law, 1998-99; Dip LP Université du Havre, 1996-97; DEUG II Droit Graham Maciver [email protected] 01 / 07 Ampersand Advocates web ampersandadvocates.com Advocates’ Library phone +44 (0)131 260 5674 Parliament House fax +44 (0)131 225 3642 Edinburgh, EH1 1RF Memberships/Appointments Public and administrative law practice Standing Junior Counsel to the Advocate General Appointed Standing Junior to the Advocate General for Scotland: for Scotland: 2012 to present 2012. Appearances and advisory work in Inner House, Outer House and Sheriff Court. Includes the following cases in judicial review Public International Law Panel to the Attorney and administrative law. General: 2014 to present IHA (Somalia) v Secretary of State for the Home Department [2017] CSIH 25; 2017 G.W.D. 11-159 Asylum; entry clearance; family reunification; Article 8 ECHR Publications/Articles https://www.scotcourts.gov.uk/search- judgments/judgment?id=10a32da7 -8980-69d2-b500-ff0000d74aa7 National Treaty Law and Practice (UK chapter), ASIL, Brill Academic Publications Experience India Ltd v Secretary of State for the Home Department [2016] CSOH 161 Court of Session Practice (Admiralty chapter), Sponsor licence; revocation; significance of guidance Bloomsbury Professional https://www.scotcourts.gov.uk/search- judgments/judgment?id=87f222a7 -8980-69d2-b500-ff0000d74aa7 Vikram Foods Glasgow Ltd v Secretary of State for the Home Department [2016] CSOH 77; 2016 S.L.T. 902 Sponsor licence; revocation; rationality https://www.scotcourts.gov.uk/search- judgments/judgment?id=0f4916a7 -8980-69d2-b500-ff0000d74aa7 MA (Pakistan) v Secretary of State for the Home Department [2017] CSOH 12; 2017 G.W.D. 5-69 Immigration; Article 8 private life; significance of appeal period JO (Nigeria) and OM (Nigeria) [2016] CSOH 179 and 180; 2017 G.W.D. 2-20 and 2-21 Tier 1 Entrepreneur visas; revocation; establishment of employment; rationality https://www.scotcourts.gov.uk/search- judgments/judgment?id=6e8f26a7 -8980-69d2-b500-ff0000d74aa7 https://www.scotcourts.gov.uk/search- judgments/judgment?id=748f26a7 -8980-69d2-b500-ff0000d74aa7 DAY (Ghana) v Secretary of State for the Home Department [2017] CSIH 7; [2016] CSOH 92; [2016] CSOH 1 Revocation of work permit leave to remain; delay; genuine belief; civil procedure https://www.scotcourts.gov.uk/search- judgments/judgment?id=c54a29a7 -8980-69d2-b500-ff0000d74aa7 https://www.scotcourts.gov.uk/search- Graham Maciver [email protected] 02 / 07 Ampersand Advocates web ampersandadvocates.com Advocates’ Library phone +44 (0)131 260 5674 Parliament House fax +44 (0)131 225 3642 Edinburgh, EH1 1RF judgments/judgment?id=e46f18a7-8980-69d2-b500- ff0000d74aa7 SN (South Africa) v Secretary of State for the Home Department Public and administrative [2016] CSOH 38; 2016 G.W.D. 10-202 law, and a commercial Article 8 private and family life; in vitro fertilization https://www.scotcourts.gov.uk/search- focus. judgments/judgment?id=f3230ba7-8980-69d2-b500- ff0000d74aa7 OKM v Secretary of State for the Home Department [2015] CSOH 177; 2016 S.L.T. 280 Civil procedure; documentary bundles; preparation https://www.scotcourts.gov.uk/search- judgments/judgment?id=648cfda6-8980-69d2-b500- ff0000d74aa7 GAM (Pakistan) 2015 G.W.D. 15-269 and MIK (Pakistan) 2015 G.W.D. 13-231 Leave Outside the Rules; proportionality; continuation of Article 8 relationship abroad; consideration of spouse; Inner House appeals. Cloburn Quarry Co Ltd and others v HMRC (2014 SLT 303; 2013 SLT 843) Taxation; aggregates levy; EU State aids; enforcement; judicial review; human rights; legitimate expectations; interim orders. https://www.scotcourts.gov.uk/search- judgments/judgment?id=51bd8aa6-8980-69d2-b500- ff0000d74aa7 https://www.scotcourts.gov.uk/search- judgments/judgment?id=4c6886a6-8980-69d2-b500- ff0000d74aa7 HF (Pakistan) v Secretary of State for the Home Department ([2014] CSIH 109) Asylum; Eba; onus of proof; necessary inferences; duty to verify documents. https://www.scotcourts.gov.uk/search- judgments/judgment?id=e39dbba6-8980-69d2-b500- ff0000d74aa7 AR Communications & Electronics Ltd, Petitioners (2014 SLT 949) VAT; missing trader fraud; Eba. https://www.scotcourts.gov.uk/search- judgments/judgment?id=22a8a0a6-8980-69d2-b500- ff0000d74aa7 JYZ (China) v Home Secretary (2013 SC 371) Graham Maciver [email protected] 03 / 07 Ampersand Advocates web ampersandadvocates.com Advocates’ Library phone +44 (0)131 260 5674 Parliament House fax +44 (0)131 225 3642 Edinburgh, EH1 1RF Inner House appeal; immigration; nationality of dependent; derivative rights of residence; reference to CJEU. https://www.scotcourts.gov.uk/search- judgments/judgment?id=727786a6-8980-69d2-b500- ff0000d74aa7 AA (Turkey) v Home Secretary (2014 G.W.D. 3-68; 2013 G.W.D. 15-321) EU-Turkey Association Agreement; leave to remain; student in part-time employment; legal employment; reference to CJEU; Inner House appeal. https://www.scotcourts.gov.uk/search- judgments/judgment?id=723186a6-8980-69d2-b500- ff0000d74aa7 A, Petitioner (2014 G.W.D. 8-152) Eba; Refugee or Person in Need of International Protection (Qualification) Regulations 2006; transfer to Upper Tribunal. NYK (Germany) v Home Secretary (2013 G.W.D. 21-419) Second appeals criteria; immigration; deportation order; criminal activity; threat to public security and public policy. https://www.scotcourts.gov.uk/search- judgments/judgment?id=718086a6-8980-69d2-b500- ff0000d74aa7 International law practice Moohan, Petitioner [2014] UKSC 67; [2015] 2 WLR 141; 2015 SLT 2 Prisoner voting; referenda; International Covenant on Civil and Political Rights; Supreme Court. https://www.supremecourt.uk/cases/docs/uksc-2014-0183- judgment.pdf Commercial and regulatory practice At Court of Session, Tribunal and Sheriff Court level. Decker v Revenue and Customs Commissioners [2016] UKFTT 805 (TC) Income tax; tribunal procedure; strike out applications; absence; seeking of directions Spring Salmon & Seafood Ltd v Revenue and Customs Commissioners [2016] UKUT 313 (TCC); [2016] B.T.C. 511 Graham Maciver [email protected] 04 / 07 Ampersand Advocates web ampersandadvocates.com Advocates’ Library phone +44 (0)131 260 5674 Parliament House fax +44 (0)131 225 3642 Edinburgh, EH1 1RF NIC; PAYE; Corporation tax; undertaking in course of litigation; treatment of bonus payments; subsequent assessment Trustees of the Morrison 2002 Maintenance Trust v Revenue and Customs Commissioners [2016] UKFTT 250 (TC); [2016] S.F.T.D. 894; [2016] S.T.I. 2004 Ramsay principle; tax avoidance scheme; capital gains tax; linked transactions; exercise of options HMRC v Hamilton & Kinneil (Archerfield) Ltd & Ors [2015] UKUT 130 (TCC) Corporation tax; loss relief; capital contributions on winding up; Limited Liability Partnerships. Pyreos Ltd v Revenue and Customs Commissioners [2015] UKFTT 123 (TC) Corporation tax; relief; autonomy; venture capital; SMEs. Ross v Revenue and Customs Commissioners [2014] UKFTT 1004 (TC) Excise duty; best judgement assessment; biofuels. Devine v Revenue and Customs Commissioners [2014] UKFTT 855 (TC) Excise duty; general betting duty; non-disclosure; keeping of records HM Secretary of State for Business, Innovation and Skills v Celino & Munro (unreported, Dumbarton Sheriff Court) Director Disqualification; proof; Limited Liability Partnerships; non-payment of tax. SIM Building Group Ltd v St Mary’s Roman Catholic Church (unreported, Outer House 3 July 2014) Construction; enforcement of Adjudicator’s award; natural justice. Specialist Insulation Ltd v Pro-Duct (Fife) Ltd (2012 S.C.L.R. 641) Construction; enforcement of Adjudicator’s award; waiver; contract; choice of Adjudication Scheme. RBS v Wilcox (2013 SLT (Sh Ct) 7; 2012 S.C.L.R. 479; 2012 GWD 19-378) Banking; guarantee; Sheriff Court appeal; sist; role of Financial Ombudsman. Trustcare Security (Scotland) Ltd v Security Industry Authority (unreported, Ayr Sheriff Court) Security; appeal against withdrawal of approval under Approved Graham Maciver [email protected] 05 / 07 Ampersand Advocates web ampersandadvocates.com Advocates’ Library phone +44 (0)131 260 5674 Parliament House fax +44 (0)131 225 3642 Edinburgh, EH1 1RF Contractor Scheme; judicial review; proportionality; human rights. Venture Drilling AS v Larsen Oil & Gas Ltd & ors (unreported, Court of Session) High-value commercial; repatriation of funds from foreign jurisdiction; vessel charter; international arbitration. Junior counsel to Ronnie Clancy QC. Unarranged overdraft bank charges litigation 2007-2012
Load more

Recommended publications
  • 1 Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner
    Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner, MacRoberts Many recent reported adjudication decisions have come from the Scottish Courts. Therefore, as part of the case notes update, we have included a brief explanation of some of the Scottish Court procedures. There are noted below certain legal terms used in Scottish Court Procedure with a brief explanation of them. This is done in an attempt to give some readers a better understanding of some of the terms used in the Scottish cases highlighted on this web-site. 1. Action: Legal proceedings before a Court in Scotland initiated by Initial Writ or Summons. 2. Adjustment (of Pleadings): The process by which a party changes its written pleadings during the period allowed by the Court for adjustment. 3. Amendment (of Pleadings): The process by which a party changes its written pleadings after the period for adjustment has expired. Amendment requires leave of the Court. 4. Appeal to Sheriff Principal: In certain circumstances an appeal may be taken from a decision of a Sheriff to the Sheriff Principal. In some cases leave of the Sheriff is required. 5. Appeal to Court of Session: In certain circumstances an appeal may be taken from a decision of a Sheriff directly to the Court of Session or from a decision of the Sheriff Principal to the Court of Session. Such an appeal may require leave of the Sheriff or Sheriff Principal who pronounced the decision. Such an appeal will be heard by the Inner House of the Court of Session. 6. Arrestment: The process of diligence under which a Pursuer (or Defender in a counterclaim) can obtain security for a claim by freezing moveable (personal) property of the debtor in the hands of third parties e.g.
    [Show full text]
  • Second Division, Inner House, Court of Session [2021] Csih
    SECOND DIVISION, INNER HOUSE, COURT OF SESSION [2021] CSIH 24 CA44/19 Lord Justice Clerk Lord Menzies Lord Pentland OPINION OF THE COURT delivered by LADY DORRIAN, the LORD JUSTICE CLERK in the Reclaiming Motion by LEAFREALM LAND LIMITED Reclaimer against (1) THE CITY OF EDINBURGH COUNCIL; (2) THE RAEBURN PLACE FOUNDATION; and (3) RAEBURN PLACE DEVELOPMENT LIMITED Respondents Reclaimer: Lake QC, R Anderson; Gilson Gray LLP First Respondent: Barne, QC; Morton Fraser LLP Second & Third Respondents: Mure QC; CMS Cameron McKenna Nabarro Olswang LLP 30 April 2021 Introduction [1] The reclaimer seeks review of the Lord Ordinary’s interlocutor of 18 March 2020 in which, following proof, she assoilzied the defenders in the reclaimer’s action seeking declarator and interdict. The action, which was brought in the commercial court, concerns green space to the north alongside Comely Bank Road, Edinburgh which has been used for 2 sporting activity for more than a century, and a development adjacent thereto by the second and third respondents. [2] The green space in question is in the ownership of the Edinburgh Academical Club, to which it was disponed in 1979 by the Grange and Academical Trustees, the southernmost boundary thereof being marked by the north face of a wall along Comely Bank Road. This wall had been built in 1912 in terms of a Minute of Agreement entered into between the first respondent’s statutory predecessor, the Lord Provost, Magistrates and Council of the City of Edinburgh, the Grange and Academical Trustees, and the Edinburgh Academical Club. In terms of the Minute of Agreement, the latter entities agreed to “give up” a six foot strip of land for the purposes of road widening, and the former undertook to remove the existing boundary wall, referred to as the old estate wall, and erect a new one.
    [Show full text]
  • Outer House, Court of Session
    OUTER HOUSE, COURT OF SESSION [2018] CSOH 61 P1293/17 OPINION OF LORD BOYD OF DUNCANSBY in the Petition of ANDREW WIGHTMAN MSP AND OTHERS Petitioners TOM BRAKE MP AND CHRIS LESLIE MP, Additional Parties for Judicial Review against SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION Respondents Petitioners: O’Neill QC, Welsh; Balfour + Manson LLP Additional Parties: M Ross QC; Harper Macleod LLP Respondents: Johnston QC, Webster; Office of the Advocate General 8 June 2018 Introduction [1] On 23 June 2016 the people of the United Kingdom voted to leave the European Union. Following the Supreme Court case of Miller (R (Miller and another) v Secretary of State for Exiting the European Union [2018] AC 61) the United Kingdom Parliament enacted the European Union (Notification of Withdrawal) Act 2017 authorising the Prime Minister to notify under article 50(2) of the Treaty on European Union (TEU) the UK’s intention to 2 withdraw from the European Union. On 29 March 2017 the Prime Minister, in a letter addressed to the European Council (EC), gave notice under article 50(2) of the TEU (the “article 50 notification”) of the UK’s intention to withdraw. [2] Can that notice be unilaterally revoked by the UK acting in good faith such that the United Kingdom could continue to be a member of the European Union after 29 March 2019 on the same terms and conditions as it presently enjoys? That is the question which the petitioners and the additional parties wish answered. [3] All but one of the petitioners is an elected representative.
    [Show full text]
  • 162 INTERNATIONAL LAWYER Long Before the 1957 Law, Indigent
    162 INTERNATIONAL LAWYER Long before the 1957 law, indigent litigants could obtain exemption from judicial fees payable for actions in courts. The presently effective statute, 53 which dates from 1936, is part of the Code of Civil Procedure; it regulates in detail the bases on which an indigent litigant can obtain a waiver of court costs. A person who seeks legal aid either gratuitously or at a reduced rate initiates his request by obtaining from the Municipality a form, which must be filled out personally by the applicant, setting forth the financial situation on which he bases his claim that he is unable to obtain needed assistance via his own resources. Information furnished on the form is checked by the Municipality, and the application is then submitted to the consultation bureau for processing and determination of the legal aid which will be furnished. Information furnished by the applicant is further subject to examination by the court which may seek confirmation of the financial condition alleged from the tax authorities. 2. CRIMINAL MATTERS Counsel has always been available to indigent defendants in criminal matters involving a felony. 154 Within the jurisdiction of each court of first instance, a court-appointed Council for Legal Assistance functions in crim- inal matters, consisting of at least three attorneys. The Council assigns attorneys to indigent defendants in criminal matters as provided in the Code of Criminal Procedure and further as the Council may deem fit. Each defendant in provisional custody must be assigned counsel by the president of the court before which the matter will be adjudicated.
    [Show full text]
  • British Institute of International and Comparative Law
    BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW PROJECT REFERENCE: JLS/2006/FPC/21 – 30-CE-00914760055 THE EFFECT IN THE EUROPEAN COMMUNITY OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS: RECOGNITION, RES JUDICATA AND ABUSE OF PROCESS Project Advisory Board: The Rt Hon Sir Francis Jacobs KCMG QC (chair); Lord Mance; Mr David Anderson QC; Dr Peter Barnett; Mr Peter Beaton; Professor Adrian Briggs; Professor Burkhard Hess; Mr Adam Johnson; Mr Alex Layton QC; Professor Paul Oberhammer; Professor Rolf Stürner; Ms Mona Vaswani; Professor Rhonda Wasserman Project National Rapporteurs: Mr Peter Beaton (Scotland); Professor Alegría Borrás (Spain); Mr Andrew Dickinson (England and Wales); Mr Javier Areste Gonzalez (Spain – Assistant Rapporteur); Mr Christian Heinze (Germany); Professor Lars Heuman (Sweden); Mr Urs Hoffmann-Nowotny (Switzerland – Assistant Rapporteur); Professor Emmanuel Jeuland (France); Professor Paul Oberhammer (Switzerland); Mr Jonas Olsson (Sweden – Assistant Rapporteur); Mr Mikael Pauli (Sweden – Assistant Rapporteur); Dr Norel Rosner (Romania); Ms Justine Stefanelli (United States); Mr Jacob van de Velden (Netherlands) Project Director: Jacob van de Velden Project Research Fellow: Justine Stefanelli Project Consultant: Andrew Dickinson Project Research Assistants: Elina Konstantinidou and Daniel Vasbeck 1 QUESTIONNAIRE The Effect in the European Community of Judgments in Civil and Commercial Matters: Recognition, Res Judicata and Abuse of Process Instructions to National Rapporteurs Please use the following questions to describe the current position in the country for which you have been appointed as National Rapporteur. Please respond to the following questions as fully as possible, with appropriate reference to, and quotation of, supporting authority (e.g. case law and, where appropriate, the views of legal writers).
    [Show full text]
  • The Scottish Bar: the Evolution of the Faculty of Advocates in Its Historical Setting, 28 La
    Louisiana Law Review Volume 28 | Number 2 February 1968 The cottS ish Bar: The volutE ion of the Faculty of Advocates in Its Historical Setting Nan Wilson Repository Citation Nan Wilson, The Scottish Bar: The Evolution of the Faculty of Advocates in Its Historical Setting, 28 La. L. Rev. (1968) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol28/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE SCOTTISH BAR: THE EVOLUTION OF THE FACULTY OF ADVOCATES IN ITS HISTORICAL SOCIAL SETTING Nan Wilson* Although the expression "advocate" is used in early Scottish statutes such as the Act of 1424, c. 45, which provided for legal aid to the indigent, the Faculty of Advocates as such dates from 1532 when the Court of Session was constituted as a College of Justice. Before this time, though friends of litigants could appear as unpaid amateurs, there had, of course, been professional lawyers, lay and ecclesiastical, variously described as "fore- speakers," procurators and prolocutors. The functions of advo- cate and solicitor had not yet been differentiated, though the notary had been for historical reasons. The law teacher was then essentially an ecclesiastic. As early as 1455, a distinctive costume (a green tabard) for pleaders was prescribed by Act of Parliament.' Between 1496 and 1501, at least a dozen pleaders can be identified as in extensive practice before the highest courts, and procurators appeared regularly in the Sheriff Courts.2 The position of notary also flourished in Scotland as on the Continent, though from 1469 the King asserted the exclusive right to appoint candidates for that branch of legal practice.
    [Show full text]
  • Guide to Professional Conduct
    FACULTY OF ADVOCATEADVOCATESSSS GUIDE TO THE PROFESSIONAL CONDUCT OF ADVOCATEADVOCATESSSS Published by the Faculty of Advocates, Parliament House, Edinburgh First Published June 1988 Second Edition January 2005 Third Edition June 2006 Fourth Edition August 2007 Fifth Edition October 2008 CONTENTS Chapter Introduction Note 1. The Status, Rights and Obligations of an Advocate 2. The General Principles of Professional Conduct 3. Duties in Relation to the Faculty and other Advocates 4. Duties in Relation to the Instructing Agent 5. Duties in Relation to the Client 6. Duty to the Court and Duties Connected with Court and Similar Proceedings 7. Duty to Seek Advice 8. Instructions 9. Fees 10. Advertising, Publicity, Touting and Relations with the Media 11. Discipline 12. Dress 13. Duties of Devilmaster 14. Continuing Professional Development 15. Discrimination 16. Non Professional Activities of Practising Advocate 17. Advocates Holding a Public Office and Non-practising Advocates 18 . Work Outside Scotland 19. European Lawyers Appearing in Scotland 20. Registered European Lawyers 21. Precedence of Counsel of Other Bars 22. Proceeds of Crime Act 2 Appendices Appendix A The Declaration of Perugia Appendix B Code of Conduct for European Lawyers produced by the CCBE Appendix C Faculty of Advocates Continuous Professional Development Regulations Appendix D Direct Access Rules and associated documents Appendix E Guidance in relation to Proceeds of Crime and Money Laundering 3 INTRODUCTION The work of an Advocate is essentially the work of an individual practitioner whose conscience, guided by the advice of his seniors, is more likely to tell him how to behave than any book of rules. In places in this Guide, it has been found convenient to state "the rule" or "the general rule".
    [Show full text]
  • [2019] CSIH 19 XA92/18 Lord President Lord Drummond Young Lord Malcolm
    FIRST DIVISION, INNER HOUSE, COURT OF SESSION [2019] CSIH 19 XA92/18 Lord President Lord Drummond Young Lord Malcolm OPINION OF THE COURT delivered by LORD MALCOLM in an appeal under section 164(1) of the Children’s Hearings (Scotland) Act 2011 by XY Appellant against a decision of the sheriff on 22 June 2018 Appellant: Scott QC; Balfour & Manson LLP (for Gleeson McCafferty, Glenrothes) Respondents: Moynihan QC, D Scullion (sol adv); Anderson Strathern Lord Advocate: Dunlop QC, Charteris; Scottish Government Legal Department Parents: Coutts; Drummond Miller LLP Safeguarder for the sisters: Mrs Janet Mathieson, Solicitor; Anderson Macarthur, Stornoway 27 March 2019 [1] XY is an adult brother of three younger sisters who are the subject of compulsory supervision orders and are now in foster care. While he has contact with them, there have been ongoing issues in respect of its nature and extent. Along with the children’s parents he is strongly in favour of family reunification. 2 [2] In August 2017 a pre-hearing children’s panel declined an application that XY be deemed a “relevant person” in terms of section 81(3) of the Children’s Hearings (Scotland) Act 2011. This decision was overturned on an appeal to the sheriff. One of XY’s sisters appealed to the Sheriff Appeal Court, which restored the original decision. In June 2018 a further application by XY to be granted relevant person status was refused by a pre-hearing panel. The sheriff heard an appeal against that decision. Arguments were presented based on the legislation’s alleged incompatibility with articles 6 and 8 of ECHR.
    [Show full text]
  • Civil Justice - Civil Courts and Tribunals (Republished)
    SPICe Briefing Pàipear-ullachaidh SPICe Civil Justice - Civil Courts and Tribunals (republished) Abigail Bremner The civil justice system enables people to protect or enforce their legal rights. This briefing looks at the structure of civil courts and tribunals in Scotland. Note that this briefing is a re-edited version of the SPICe briefing Civil Justice - Civil Courts and Tribunals, published in December 2016. 11 May 2017 SB 17/30 Civil Justice - Civil Courts and Tribunals (republished), SB 17/30 Contents What this briefing is about ________________________________________________4 Useful definitions _______________________________________________________5 What is civil justice? _____________________________________________________6 The civil courts are being reformed _________________________________________6 How devolution affects the civil courts _______________________________________7 Who's who in Scotland's civil court system __________________________________8 The role of the Lord President _____________________________________________8 The role of the Lord Justice Clerk __________________________________________8 The role of the Scottish Civil Justice Council __________________________________8 The sheriff courts ______________________________________________________10 Who's who in the sheriff courts ___________________________________________10 Summary sheriffs are likely to increase in number ____________________________ 11 Reforms enable sheriffs and summary sheriffs to specialise_____________________ 11 The Sheriff Personal
    [Show full text]
  • First Division, Inner House, Court of Session
    FIRST DIVISION, INNER HOUSE, COURT OF SESSION [2021] CSIH 25 A76/20 Lord President Lord Menzies Lord Doherty OPINION OF THE COURT delivered by LORD CARLOWAY, the LORD PRESIDENT in the Reclaiming Motion by MARTIN JAMES KEATINGS Pursuer and Reclaimer against (First) THE ADVOCATE GENERAL; and (Second) THE LORD ADVOCATE Defenders and Respondents ______________ Pursuer and Reclaimer: O’Neill QC, Welsh; Balfour & Manson LLP First Defender and Respondent: Webster QC, Pirie; Office of the Advocate General Second Defender and Respondent: Mure QC, C O’Neill QC (sol adv); Scottish Government Legal Directorate 30 April 2021 Introduction [1] The pursuer is a campaigner for Scottish independence. He is a voter in the upcoming election for the Scottish Parliament. He seeks two declarators. The first is that the Scottish Parliament has power under the Scotland Act 1998 to legislate for a referendum on whether Scotland should be independent, without requiring the consent of the United 2 Kingdom Government. The second is that the Scottish Government’s “proposed Act” concerning an independence referendum contains no provisions which would be outside the Parliament’s legislative competence. [2] Although called as third defenders, the Scottish Ministers withdrew their defences. The action was also intimated to the Parliamentary Corporate Body, but they elected not to intervene. The first and second defenders plead inter alia that: the pursuer has no title, interest or standing to sue; the action is academic, hypothetical, premature and thus incompetent; and the declarators are inconsistent with the structure of the 1998 Act. The pursuer responds with a plea that the defences are irrelevant and decree should be pronounced de plano.
    [Show full text]
  • Scott Manson
    Advocates Library, Parliament House, Edinburgh, EH1 1RF Telephone: 0131 226 2881 Facsimile : 0131 225 3642 DX ED 549302, Edinburgh 36, LP3 Edinburgh 10 Scott Manson Year of Call: 2014 [email protected] 07834692296 Professional Career to date Devil Masters: Gordon S. Balfour; Gavin L. MacColl, QC; Thomas L. Ross, QC July 2014: Admitted to the Faculty of Advocates 2013 – July 2014: Devil, Faculty of Advocates 2012 – 2013: Solicitor, MacRoberts LLP 2009 – 2012: Solicitor, BTO Solicitors 2007-2009: Trainee Solicitor, BTO Solicitors Education & Professional Qualifications Faculty of Advocates’ Lord Reid Scholar (Joint Award) (2013-2014) Faculty Scholar (2013-2014) Postgraduate Diploma in Legal Practice, University of Glasgow (2007) LL.B (Hons) (1st Class), University of Glasgow (2006) Areas of Expertise Commercial Contracts Commercial Property Company, Corporate Finance and Tax Construction and Engineering Insolvency Intellectual Property Rights Product Liability Professional Liability Alternative Dispute Resolution Public Law, Judicial Review and Human Rights Professional Experience Scott is a "highly sought after junior" (Chambers UK Bar 2020) with a busy and wide-ranging practice focusing on a range of commercial disputes including commercial contracts, professional negligence, insurance and construction project litigation. He has also developed a growing practice in shipping, maritime and admiralty litigation; and also contentious trusts and executories. He is ranked in both Chambers UK Bar and the Legal 500 where instructing solicitors commend him for: having a "common sense, practical" and "commercial" approach; being "very good on strategy"; and being "excellent on his feet and very persuassive" in court. Scott is also listed as a "Future Leader" in respect of construction litigation in Who's Who Legal.
    [Show full text]
  • Spice Briefing the Scottish Civil Court System 20 August 2009 09/52 Sarah Harvie-Clark
    The Scottish Parliament and Scottish Parliament Information Centre logos. SPICe Briefing The Scottish Civil Court System 20 August 2009 09/52 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland. In particular it: • provides an introduction to the civil justice system in Scotland (of which the civil courts form an important part) • explains key terminology associated with the civil courts • outlines the structure of the civil court system • discusses recent policy developments associated with the civil court system, including the Judiciary and Courts (Scotland) Act 2008 (asp 6) and the ongoing review of the civil court system chaired by Lord Gill This briefing updates the earlier SPICe Subject Map of the same name (Harvie-Clark 2007). For an overview of the system of criminal courts in Scotland see the SPICe Subject Map entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum et al 2007). CONTENTS EXECUTIVE SUMMARY..............................................................................................................................................3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM ...........................................................................................5 CIVIL LAW AND CIVIL JUSTICE........................................................................................................................................5 THE CIVIL COURTS AS PART OF A WIDER SYSTEM ...........................................................................................................5
    [Show full text]